[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Notices]
[Pages 59972-59973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23747]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-474 & 731-TA-1176 (Final) (Remand)]


Drill Pipe and Drill Collars from China

AGENCY: United States International Trade Commission.

ACTION: Notice of remand proceedings.

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SUMMARY: The U.S. International Trade Commission (``Commission'') 
hereby gives notice of the court-ordered remand of its affirmative 
threat determination in the final phase investigation of the 
antidumping and countervailing duty orders on drill pipe and drill 
collars from China. For further information concerning the conduct of 
this proceeding and rules of general application, consult the 
Commission's Rules of Practice and Procedure, part 201, subparts A 
through E (19 CFR part 201), and part 207, subpart A (19 CFR part 207).

DATES:  Effective Date: September 24, 2013

FOR FURTHER INFORMATION CONTACT: Nate Comly, Office of Investigations, 
telephone 202-205-3147, or David Goldfine, Office of General Counsel, 
telephone 202-205-3174, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (http://www.usitc.gov). The public record of 
investigation Nos. 731-TA-340 E & H may be viewed on the Commission's 
electronic docket (``EDIS'') at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: Background. On August 19, 2013, the U.S. 
Court of International Trade (per Judge Stanceu) issued an opinion 
remanding certain aspects of the Commission's affirmative threat 
determination in Drill Pipe and Drill Collars from China, 701-TA-474 & 
731-TA-1176 (Final), USITC Pub. 4213 (Feb. 2011). In the Commission's 
final determination, three Commissioners reached an affirmative threat 
determination (Commissioners Williamson, Pinkert, and Lane) while three 
Commissioners reached a negative determination (Chairman Okun, and 
Commissioners Pearson and Aranoff).
    In its opinion, the Court concluded that the Commission made two 
erroneous findings. Id. at 11-19. In the Court's view, ``. . . the 
impermissible findings were that only smaller domestic purchasers, as 
opposed to purchasers the ITC considered `large,' were buying subject 
merchandise at the start of the POI and that, during the POI, the 
participation of Chinese suppliers in the U.S. market broke through a 
prior limitation to smaller customers.'' Id. at 16.
    The Court concluded that `` `from these erroneous findings, the ITC 
reached the unsupported conclusion that `the participation of suppliers 
of Chinese product in the U.S. market has evolved and grown over the 
period in ways that indicate further expansion is imminent,' and the 
related conclusion that `the fact that suppliers of Chinese product 
have broken through a major prior limitation on their reach in the U.S. 
market is an indication that their U.S. market share is poised to 
increase.' '' Id. at 16 (internal citations omitted). On remand, the 
Court instructed the Commission to reconsider its affirmative threat 
determination ``on the whole, in the absence of these findings and 
conclusions.'' Id. at 17.
    The Court also remanded two issues to the Commission for further 
explanation. First, the Court directed the Commission ``to explain why, 
and to what extent, it based its overall determination related to 
likely future import volume on its stated findings that the U.S. market 
share of subject merchandise was `substantial' throughout the POI and 
`grew' in first-half 2010.'' Id. at 20. Second, the Court instructed 
the Commission to provide further explanation in support of its finding 
that ``U.S. importers have increased their quantities of inventories of 
Chinese product to levels are particularly significant in the context 
of current market conditions.'' Id. at 21.
    Under the remand schedule ordered by the Court, the Commission must 
file its remand determination by November 18, 2013.
    Participation in the proceeding. Only those persons who were 
interested parties to the reviews (i.e., persons listed on the 
Commission Secretary's service list) and parties to the appeal may 
participate in the remand proceeding. Such persons need not make any 
additional filings with the Commission to participate in the remand 
proceeding. Business proprietary information (``BPI'') referred to 
during the remand proceeding will be governed, as appropriate, by the 
administrative protective order issued in the reviews.

[[Page 59973]]

    Written submissions. The Commission will permit the parties to file 
comments pertaining to the specific issues that are the subject of the 
Court's remand instructions. Comments should be limited to no more than 
fifteen (15) double-spaced and single-sided pages of textual material. 
The parties may not themselves submit any new factual information in 
their comments and may not address any issue other than those that are 
the subject of the Court's remand instructions. Any such comments must 
be filed with the Commission no later than October 10, 2013.
    All written submissions must conform with the provisions of section 
201.8 of the Commission's rules; any submissions that contain BPI must 
also conform with the requirements of sections 201.6, 207.3, and 207.7 
of the Commission's rules. The Commission's rules do not authorize 
filing of submissions with the Secretary by facsimile or electronic 
means, except to the extent permitted by section 201.8 of the 
Commission's rules, as amended, 67 FR 68036 (Nov. 8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.
    Parties are also advised to consult with the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subpart A (19 CFR part 207) for provisions of 
general applicability concerning written submissions to the Commission.

    Issued: September 25, 2013.

By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-23747 Filed 9-27-13; 8:45 am]
BILLING CODE 7020-02-P